chapter7internationalcommercialdisputesettlement.pptVIP

Chapter 7 International Commercial Dispute Settlement Settlement of Disputes Through Courts Jurisdiction means power to hear, the legal right by which judges exercise their authority or competence. Power to decide a case or issue a decree Geographic area within which judicial authority may be exercised. Venue Appropriate geographical location of the court with jurisdiction. Choice of Forum Clause It fixes in advance where the case will be heard. Reducing uncertainty, lessening risk and cost. Specify the court which has jurisdiction and exclusive jurisdiction. Reasons for resisting the choice forum clauses Forum non conveniens Minimum contacts Forum Non Conveniens Forum non conveniens (Latin for inappropriate forum) (FNC) is a (mostly) common law legal doctrine whereby courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties. As a doctrine of the conflict of laws, forum non conveniens applies between courts in different countries and between courts in different jurisdictions in the same country Minimum Contact Minimum contract with the forum Choice of Law Clauses The law chosen is that of a place which has a substantial relationship to the parties and to the international business transaction Not contrary to a strong public policy of the place where suit is brought. National courts Probable courts Difficulties in the litigation Service of judicial documents Taking of evidence abroad in civil or commercial matters Probable courts For disputes between a foreign investor and a person in host country Possible court of jurisdiction: host country investor’s country a third country Difficulties in the litigation Courts are under the influence of government. May be a specialized court and ect. Related persons and documents are outside the country. Difficulty in notice and proof and applicable foreign law. Ser